TAMUHW.COM Terms of Service

As of November 12, 2018

 

THESE TERMS OF USE (THESE “TERMS”) ESTABLISHES THE TERMS AND CONDITIONS THAT APPLY TO YOU WHEN YOU USE THE SERVICE (AS DEFINED BELOW). BY USING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY TAMU & HEALTH & WELLNESS, LLC. (“TAMUHW.COM,” “WE,” “OUR,” OR “US”) AT ANY TIME; PROVIDED THAT WE WILL ENDEAVOR TO PROVIDE YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF THE SERVICE AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESE TERMS EACH TIME YOU ACCESS THE SERVICE IN ORDER TO VIEW ANY CHANGES TO THESE TERMS. THESE TERMS WERE LAST MODIFIED AS OF THE DATE INDICATED ABOVE.

AS FURTHER DESCRIBED BELOW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

TAMUHW.COM will not refund you for any reason if you receive a Massage (as defined below), except as determined in its sole discretion. For avoidance of doubt, if you engage in conduct deemed inappropriate or unsafe by a Massage Therapist, as determined in the Massage Therapist’s sole discretion, including, but not limited to, making inappropriate requests, engaging in inappropriate touching, or the Massage Therapist perceives a threat to his/her safety or well-being, and such conduct results in a Massage Therapist ending the Massage prior to the end of the allotted time, TAMUHW.COM will not refund you.

  1. Use of Web Site, Mobile Applications, and our Service

 

  1. The “Service” is Tamu Health & Wellness, LLC. website located at www.tamuhw.comand mobile applications, as each may be updated, relocated, or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. Any person who accesses and/or uses the Service to book a massage on his or her own behalf, or on behalf of any third party, will be referred to herein as a “TAMUHW.COM Member“.
  1. Registration, Accounts, Passwords and Security

 

  1. TAMUHW.COM Members. In order to become a TAMUHW.COM Member, you must complete the registration process by providing TAMUHW.COM with current, complete and accurate information, as prompted by the applicable registration form.
  2. Accuracy of Information. You acknowledge that in the event you provide any information to TAMUHW.COM which is untrue, inaccurate, not current or incomplete, TAMUHW.COM may terminate these Terms and your continued access and use of the Service.
  3. Eligibility.
  4. You represent and warrant that you are at least eighteen (18) years of age, that you have not been previously suspended or removed from the Service, and that you possess the legal right and ability to enter into these Terms. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY ZEEL. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. We do not provide the Service to anyone under the age of.
  1. Medical-Related Disclaimers

 

  1. THE CONTENT AND INFORMATION MADE AVAILABLE THROUGH SERVICE, INCLUDING MATERIALS, (COLLECTIVELY, THE “CONTENT“) ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICE SHOULD BE CONSTRUED AS PROFESSIONAL MEDICAL ADVICE OR CONSULTATION. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY USING THE SERVICE, YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND THAT YOU WILL ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL MATTERS. IN NO EVENT WILL A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BE CREATED BY USING THE SERVICE.
  2. TAMUHW.COM DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY INFORMATION PROVIDED BY TAMUHW.COM OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE MAY CONTAIN HEALTH- OR MEDICAL-RELATED MATERIALS THAT SOME MAY CONSIDER SEXUALLY EXPLICIT. IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE THE SERVICE.
  3. THE SERVICE IS CONTINUALLY UPDATED AND TAMUHW.COM MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY OR COMPLETENESS. TAMUHW.COM MAKES NO WARRANTY THAT THE INFORMATION AVAILABLE ON THE SERVICE INCLUDES THE MOST RECENT FINDINGS.
  4. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE OR BY ANY MASSAGE THERAPIST TO YOU IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW. THE SERVICE ARE NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
  1. Booking Massages. As a condition of being permitted to make appointments with Massage Therapists through the Service, TAMUHW.COM Members agree with the following terms for all appointments booked on the Service.

 

  1. Massages Booked Through the Service. TAMUHW.COM Members understand that Massage Therapists are highly trained and licensed in the state of Florida and specialize in massage therapy and other health and wellness techniques. TAMUHW.COM does not tolerate any requests deemed sexual or inappropriate in nature. Users reported for inappropriate behavior will be immediately removed from the Service. TAMUHW.COM Members agree that massage is for relaxation only and should not be used if the person who will receive the massage is on any medication that would be expected to weaken bone structure and/or connective tissue or lead to enhanced bleeding; have edema due to chronic heart failure or kidney failure; have an inflammatory condition in the acute stage; have acute phlebitis and/or deep venous thrombosis; have had an acute trauma or recent surgery; are in the first trimester of pregnancy; or where massage therapy is otherwise contraindicated. A TAMUHW.COM Member who uses the Service to book a massage on his or her own behalf should consult a physician if uncertain as to whether a massage is appropriate for such TAMUHW.COM Member, and A TAMUHW.COM Member who uses the Service to book a massage on behalf of a third party should encourage that third party to do the same.
  2. Prices. The fees listed on the Service are the standard fees for the listed service, which TAMUHW.COM may change at any time in its sole discretion by so posting on the Service. In addition, fees for services provided by a Massage Therapist may vary depending on a variety of factors such as length, day, time, or location of appointment. The fee you are ultimately charged is the “Fee.”
  3. No Liability. To the fullest extent permitted by law, TAMUHW.COM will not have any liability whatsoever for any of the services provided by Massage Therapists. Massage Therapists bear sole liability for all of the services provided, including those services that are booked through the Service.
  4. Responsibility for Payment. You will be charged the Fee following your receipt of a Massage. You agree to pay to TAMUHW.COM all Fees, whether or not you dispute the amount of the charge or the quality or nature of the services provided. You acknowledge that Massages obtained through the Service will not be covered services under your benefit plan, the Medicare program, a state Medicaid program, or any health insurance plan whether government-sponsored or private. You acknowledge and agree that TAMUHW.COM will not file any claims with your insurance benefit plan, the Medicare program, a state Medicaid program, or any other third party medical benefits program, and that the services you receive from or through TAMUHW.COM may not be eligible for reimbursement under such plans. You acknowledge, understand and agree that when using the Service, you may be responsible for standard phone, data and messaging charges from your wireless carrier. Under no circumstances will TAMUHW.COM be responsible for any wireless email, data, phone, or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address.
  5. Cancellations. If you cancel before your scheduled massage, then TAMUHW.COM may charge you a cancellation fee, which will be set forth in the Cancellation Policy.